TENANT NUISANCES

Landlord Sues to Stop Tenant from Smoking in Apartment During COVID Crisis

May 26, 2020    

(Decision submitted by Brian Graifman of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord sued tenant, seeking to protect the...

Landlord Didn't Send Tenant Notice to Cure

May 25, 2020    

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated, and continued to violate, a substantial obligation of her tenancy by permitting constant loud noises and music to come from her apartment...

Several Fire Incidents Within 24 Hours Doesn't Prove Tenant Nuisance

April 28, 2020    

Landlord sued to evict a Mitchell-Lama co-op shareholder tenant based on illegal sublet, failure to report household composition and income, overcrowding, and nuisance.

Landlord Failed to Specify Lease Provision Violated

April 28, 2020    

Landlord of project-based Section 8 building sued to evict tenant for creating a nuisance, harassing neighbors, stealing packages, making excessive noise, and participating in altercations at the building between...

Landlord Co-op Can Evict Shareholder Tenant for Objectionable Conduct

March 24, 2020    

Landlord, a cooperative housing corp., sued to evict shareholder tenant for objectionable conduct. After 20 years of nuisance behavior and repeated written notices, landlord's board of directors held a special...

Co-op Board Can Evict Shareholder Tenant Based on Objectionable Conduct

February 24, 2020    

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's objectionable conduct, which violated tenant's proprietary lease. Tenant had refused to move out after landlord's board...

Nuisance Claim Against Tenant for Excessive Noise Dismissed

January 29, 2020    

Landlord sued to evict rent-stabilized tenant for creating a nuisance based on constant loud noise from tenant's apartment over 17 months. Landlord's court papers described more than 33 pages of dates and...

Landlord Should Have Sent Tenant a Notice to Cure

December 19, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by objectionable conduct. Landlord claimed that tenant engaged in vandalism of the building super's car, and physically assaulted both the...

Landlord Can Claim Chronic Nonpayment of Rent Creates a Nuisance

November 21, 2019    

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord claimed that it commenced 11 nonpayment proceedings against tenant over 13 years. The court denied tenant's request to...

Elderly, Disabled Tenant Granted Six-Month Delay of Eviction

October 23, 2019    

Landlord sued to evict tenant for creating a nuisance based on the condition of her apartment. Tenant was elderly, was granted a life estate when her family sold the building to landlord, and had an Article 81...

Instances of Tenant Misconduct Didn't Amount to Nuisance

August 27, 2019    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant had lived in the apartment for 43 years. Landlord presented to the court a letter signed by tenant where she admitted she engaged in a...

Tenant Presents No Potential Defense to Vacate Default in Eviction Case

July 23, 2019    

Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord at an inquest after tenant failed to appear in court. Tenant later asked the court to vacate the default judgment. The court ruled...